Code of Alabama

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41-10-727
Section 41-10-727 Definitions. As used in this division, the following words shall have the
following meanings: (1) DEPARTMENT. The Department of Revenue. (2) EMPLOYEE. An employee,
as defined in the Internal Revenue Code, as amended from time to time; except that any individual
providing services to an employer on an hourly, part-time, full-time, salaried, or contractual
basis shall be considered an employee for purposes of this division. (3) EMPLOYER. An employer,
as defined in the Internal Revenue Code, as amended from time to time, that is either a general
contractor or subcontractor that primarily holds itself out for hire to the general public
as a general contractor or subcontractor and who receives more than five percent of its annual
gross revenue from business described in either North American Industry Classification System
(NAICS) Code 236, 237, or 238 of the United States Department of Commerce in effect as of
January 1, 2009. This definition does not apply to or include...
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11-104-5
Section 11-104-5 Funding; trust investments. (a) Subject to any limitations necessary to ensure
the tax-exempt status of a trust, the sources of funding to a trust may be any of the following:
(1) Appropriations made by the governmental entity. (2) Contributions by employees and retired
employees. (3) Employer contributions. (4) Investment income. (5) Proceeds of any gifts, grants,
or contributions. (6) Transfers from another trust or fund held by a governmental entity.
(7) Bonds, warrants, notes, or other evidence of indebtedness. (8) All other sources permitted
by law. (b) Subject to payment for fees and reasonable expenses of maintaining a trust, the
funds deposited into a trust shall be used for the exclusive purpose of funding post-employment
benefit obligations of the governmental entity or entities. The agreements creating a trust
shall be irrevocable, subject to subsection (e) of Section 11-104-3 and Section 11-104-8,
and the assets of a trust shall not be expended, disbursed,...
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22-1-11
Section 22-1-11 Making false statement or representation of material fact in claim or application
for payments on medical benefits from Medicaid Agency generally; kickbacks, bribes, etc.;
exceptions; multiple offenses. (a) Any person who, with intent to defraud or deceive, makes,
or causes to be made or assists in the preparation of any false statement, representation,
or omission of a material fact in any claim or application for any payment, regardless of
amount, from the Medicaid Agency, knowing the same to be false; or with intent to defraud
or deceive, makes, or causes to be made, or assists in the preparation of any false statement,
representation, or omission of a material fact in any claim or application for medical benefits
from the Medicaid Agency, knowing the same to be false; shall be guilty of a Class C felony.
The offense set out herein shall not be complete until the claim or application is received
by the Medicaid Agency or the contractor with the Medicaid Agency or its...
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36-27-54.1
Section 36-27-54.1 Purchase of credit for prior service with Alabama State Docks. (a) Any active
and contributing member of the Employees' Retirement System, who is employed by the Alabama
State Docks on October 1, 1993, may purchase credit in the Employees' Retirement System for
prior service with the state docks if the member has not received credit in the system for
the same prior service and has not vested or otherwise become eligible to receive a retirement
benefit by using the same prior service credit in another pension plan offered by the state
docks. (b) A member of the Employees' Retirement System who is eligible to purchase any prior
service credit under subsection (a) shall receive the credit if he or she pays into the system
on or before his or her date of retirement, an amount of five percent of the greater of the
member's current annual earnable compensation or average final compensation for the entire
period of prior service claimed, or any portion thereof, plus eight...
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40-29-90
Section 40-29-90 Jeopardy assessment - For income tax. (a) Termination of taxable period. If
the commissioner or his delegate finds that a taxpayer designs quickly to depart from the
State of Alabama or to remove his property therein, or to do any other act tending to prejudice
or to render wholly or partly ineffectual proceedings to collect the income tax for the current
or the preceding taxable year unless such proceedings be brought without delay, the commissioner
or his delegate shall declare the taxable period for such taxpayer immediately terminated,
and shall cause notice of such finding and declaration to be given the taxpayer, together
with a demand for immediate payment of the tax for the taxable period so declared terminated
and of the tax for the preceding taxable year or so much of such tax as is unpaid, whether
or not the time otherwise allowed by law for filing return and paying the tax has expired;
and such taxes shall thereupon become immediately due and payable. In...
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45-49A-63.172
Section 45-49A-63.172 Limitation concerning highly compensated employees or highly compensated
former employees. (a) This section shall apply (i) in the event the plan is terminated, to
any member who is a highly compensated employee of the city and (ii) in any other event, to
any member who is one of the 25 highly compensated employees of the city with the greatest
compensation in any plan year. The amount of the annual payments to any one of the members
to whom this section applies shall not be greater than an amount equal to the annual payments
that would be made on behalf of the member during the year under a single life annuity that
is of equivalent actuarial value to the member's benefit. (b) If, (i) after payment of the
benefit to any one of the members to whom this section applies, the value of plan assets equals
or exceeds 110 percent of the value of current liabilities, as that term is defined in Section
412(1)(7) of the code, of the plan, (ii) the value of the benefit of any...
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13A-11-90
Section 13A-11-90 Restrictions on firemarms by employers. (a) Except as provided in subdivision
(b), a public or private employer may restrict or prohibit its employees, including those
with a permit issued or recognized under Section 13A-11-75, from carrying firearms while on
the employer's property or while engaged in the duties of the person's employment. (b) A public
or private employer may not restrict or prohibit the transportation or storage of a lawfully
possessed firearm or ammunition in an employee's privately owned motor vehicle while parked
or operated in a public or private parking area if the employee satisfies all of the following:
(1) The employee either: a. Has a valid concealed weapon permit; or b. If the weapon is any
firearm legal for use for hunting in Alabama other than a pistol: i. The employee possesses
a valid Alabama hunting license; ii. The weapon is unloaded at all times on the property;
iii. It is during a season in which hunting is permitted by Alabama law...
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36-26-14
Section 36-26-14 Deferred compensation plans for certain employees. (a) The personnel board
may adopt, establish, and maintain a deferred compensation plan or plans, except under Internal
Revenue Code Section 403 (b), for the employees of the State of Alabama or any city, town,
county, or public entity or corporation organized pursuant to the laws of this state. Notwithstanding
the foregoing, prior to the employees of a county or political subdivision of the county participating
in a plan, the employing county or political subdivision of the county shall approve participation
in the plan. The personnel board may include in any such plan any provision that does not
cause the plan to fail to qualify for its tax-favored treatment under the United States Internal
Revenue Code, including, but not limited to, participant loans, unforeseeable emergency or
hardship distributions, Roth deferrals, rollovers, transfers to purchase service credit, and
distributions to purchase a retired public...
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36-27-1
Section 36-27-1 Definitions. When used in this article, the following terms shall have the
following meanings, respectively, unless the context clearly indicates otherwise: (1) RETIREMENT
SYSTEM. The Employees' Retirement System of Alabama as defined in Section 36-27-2. (2) EMPLOYEE.
Any regular employee of the State of Alabama whose salary is paid by state warrant by the
state, except a member of the Legislature of the state, a person who is covered or eligible
to be covered under the Teachers' Retirement System of Alabama or any other retirement system
to which contributions are made by the state, an elective official of the state government,
and a temporary employee or person engaged under retainer or special agreement. In all cases
of doubt the Board of Control shall determine who is an employee within the meaning of this
article. The term shall include any regular employee of the Alabama state hospitals and Partlow
State School and Hospital and the Alabama State Port Authority,...
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36-27-55.1
Section 36-27-55.1 Purchase of credit for prior service with Alabama State Council on the Arts.
(a) Any active and contributing member of the Employees' Retirement System may purchase credit
in the Employees' Retirement System for prior service with the Alabama State Council on the
Arts if the member has not received credit in the system for the same prior service and has
not vested or otherwise become eligible to receive a retirement benefit by using the same
prior service credit in another pension plan offered by the council. (b) A member of the Employees'
Retirement System who is eligible to purchase any prior service credit under subsection (a)
of this section shall receive the credit if he or she pays into the system on or before his
or her date of retirement, an amount of five percent of the greater of the member's current
annual earnable compensation or average final compensation, whichever is greater, as determined
by the actuary for the system, for the entire period of prior...
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